Bail for three accused of pelting stones on August 9

Their release was ordered as the material to prove attempt to murder was insufficient and because bail is the rule.

Soldiers in Jammu and Kashmir trying to avoid stones thrown by miscreants

NEW DELHI: An additional sessions court in Srinagar has granted bail to three men arrested after a major protest in Soura locality on August 9. Their release was ordered as the material to prove attempt to murder was insufficient and because bail was the rule and not exception.

The prosecution alleged that Mehrajudin Bhat, Owais Ahmed Kundoo and Mehrajdin Wani were arrested on August 10 for “violating prohibitory orders imposed in and around Srinagar city and for being part of an unlawful assembly, armed with lathis and stones, with the intention to damaging public property and inflicting murderous assault on security personnel.”

The court, however, in its order on Monday, accessed by ET, said the investigation file did not mention who the target of the ‘murderous assault’ was. “It appears that one of the police personnel suffered minor bruises on his left hand.”

The first information report had alleged that the mob pelted stones in Soura and a number of security personnel were injured. It also damaged public property. The prosecution objected to the bail pleas saying a heinous crime was committed and the accused may misuse bail and “proceed with their activity of pelting stones” and “because of the recent turmoil, law and order agencies were facing great hardships.” The accused, however, claimed that they were falsely implicated.

The court said while there was no denying that there was a mob pelting stones, it was not shown how the accused were identified as part of the mob. The court said the police report did not say whether they were leading the mob or exhorting others to pelt stones. It added the investigation was on for more than the stipulated 15 days.

“This is not the case where bail is to be denied. They are presumed innocent till proven guilty,” the court said, while ordering the accused to appear daily at a local police station at 10 am, not to indulge in any offences they are alleged to have committed and not to leave the state’s jurisdiction without permission.